Toronto City Council
The full agenda, as filed
All 63 items in the clerk’s order. Each carries the city’s own words: the staff recommendation, what the body decided, and its status. Nothing below is written by us.
Items 1 to 25 of 63Show 2550100all
BL39.1adopted
Introduction and Enactment of General Bills and Confirming Bills
City Council will introduce and enact General Bills and Confirming Bills.
City Council on February 2 and 3, 2022, enacted By-laws 43-2022 to 104-2022.
CC39.1adopted
Report on Councillor Mark Grimes’ actions relating to Adamson Barbecue
In December 2020, the Integrity Commissioner received a complaint that Councillor Mark Grimes had breached the Code of Conduct for Members of Council (the "Code of Conduct") by interfering with the City's response to Adamson Barbecue operating from November 24 to 26, 2020. The complaint alleged that Councillor Grimes' statements to the media about the City's response show he was improperly directing how officials were managing this situation. There were grounds to investigate whether Articles XII (Conduct Respecting Staff) and XIV (Discreditable Conduct) had been broken. Having investigated, the Integrity Commissioner found there was no evidence Councillor Grimes broke the Code of Conduct. A third allegation, that Article VIII (Improper Use of Influence) was broken, was dismissed without investigation as the complaint provided no grounds alleging that any personal benefit was obtained.
City Council on February 2 and 3, 2022, adopted the following: 1. City Council receive the report (January 26, 2022) from the Integrity Commissioner for information.
Staff recommendation as filed
The Integrity Commissioner recommends that: 1. City Council receive this report for information.
DM39.1adopted
A Subdivision Agreement was registered on December 1, 2011 for Plan 66M-2493, between University Square (Hucknall) Limited and the City of Toronto. The subject subdivision is shown on the attached map, Attachment 1 Plan of Subdivision 66M-2493. The site has frontage on Sentinel Road and Hucknall Road. The construction of Mantello Drive and the services within the road were completed on or about July of 2013. The up-stream portion of the sanitary sewer that was constructed under Mantello Drive (the road shown in Attachment 1 which has yet to be assumed) contains a 21.9 metre length of sanitary sewer located between two manholes (MH3A and MH4A) that was not constructed according to the original accepted design and the City's design criteria applicable at the time of construction. This section of sewer in question essentially has a 1.28 percent slope rather than the 2 percent minimum slope applicable at the time of construction. All other deficiencies in the services to be assumed have been rectified to the satisfaction of Engineering & Construction Services (ECS). There is litigation concerning this matter. The purpose of this report is to request instructions from Council regarding the on-going litigation. Staff from Toronto Water have also been involved in the preparation of this report.
City Council on February 2 and 3, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (December 6, 2021) from the City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (December 6, 2021) from the City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services, at the discretion of the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (December 6, 2021) from the City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services remain confidential, as it contains advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (December 6, 2021) from the City Solicitor were adopted by City Council. The following confidential instruction to staff has been made public, the City Solicitor having exercised the City Solicitor's discretion to make it public, as follows: 2. As part of the settlement, City Council assume the municipal road and services, in accordance with the terms of the Subdivision Agreement for Plan 66M-2493, registered on December 1, 2011 between University Square (Hucknall) Limited and the City in the following manner: a. City Council authorize the City to assume the services installed within Mantello Drive and that the City formally assume the road within the Registered Plan of Subdivision 66M-2493; b. City Council authorize the Director, Engineering Review to release the performance guarantee held with respect to the municipal services in accordance with the Subdivision Agreement; c. City Council direct that an assumption By-law be prepared to assume the public highway and municipal services within the Registered Subdivision Plan 66M-2493; d. City Council authorize and direct the City Solicitor to register the assumption By-law in the Land Registry Office, at the expense of the Owner; e. City Council authorize the appropriate City Officials to take the necessary action to give effect to City Council's decision; and f. City Council authorize the appropriate City Officials to transfer ownership of the street lighting system constructed with Registered Plan of Subdivision 66M-2493 to Toronto Hydro. The balance of Confidential Attachment 1 to the report (December 6, 2021) from the City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.
Staff recommendation as filed
The City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services recommend that: 1. City Council adopt the recommendations contained in the Confidential Attachment 1 to this report. 2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1, if adopted by City Council, at the discretion of the City Solicitor. 3. City Council direct that all other information contained in Confidential Attachment 1 is to remain confidential, as it contains advice which is subject to solicitor-client privilege.
IA39.1received
Regarding Toronto Paramedic Services
Councillor Kristyn Wong-Tam has submitted the following Administrative Inquiry: I am submitting this Administrative Inquiry under Municipal Code S27-61 to seek information about service standards and staffing levels at Toronto Paramedic Services. I have been advised by members of the Toronto Paramedic Services who wished to remain anonymous as they have not been empowered to speak up publicly about their working conditions and their concerns about understaffing levels affecting response times for service calls. The paramedics state that their expressed concerns about staff shortage pre-existed the pandemic and that COVID-19 has only made matters worse. They maintain that years of chronic understaffing have left the City of Toronto unable to adequately cope with the service demands especially during call surges. On Saturday January 8, 2022, the paramedic union tweeted a #CodeRed stating that "No units available in the city at 18:38 hours tonight." In following media interviews, City spokespersons shifted the responsibility to province and explained that hospitals were taking longer to off-load the patient in transferring care from the paramedics to the emergency rooms. At this critical point, it is important that City Council understand the status of Toronto Paramedic Services and the extent to which deferred hiring, early retirement or departures, salaries, health and mental health, workload and staff morale are affecting our ability to effectively and efficiently serve and protect the health of Torontonians. Specifically, I am respectfully requesting the following information: 1. How many 911 calls have had a response time of 30 minutes to 59 minutes min. from time of first key stroke by call takers to crew arriving on scene with a transport vehicle in 2021 and 2018? 2. How many 911 calls have had a response time of 1 hour to 1 hour and 59 minutes min. from time of first key stroke by call takers to crew arriving on scene with a transport vehicle in 2021 and 2018? 3. How many 911 calls have had a response time of 2 hours to 2 hours and 59 minutes min. from time of first key stroke by call takers to crew arriving on with a transport vehicle scene in 2021 and 2018? 4. How many 911 calls have had a response time of 3 hours to 5 hours and 59 minutes min. from time of first key stroke by call takers to crew arriving with a transport vehicle on scene in 2021 and 2018? 5. How many 911 calls have had a response time of 6 hours to 7 hours and 59 minutes min. from time of first key stroke by call takers to crew with a transport vehicle arriving on scene in 2021 and 2018? 6. How many 911 calls have had a response time of 8 hours to 11 hours and 59 minutes min. from time of first key stroke by call takers to crew with a transport vehicle arriving on scene in 2021 and 2018? 7. How many 911 calls have had a response time of 12 hours or greater from time of first key stroke by call takers to crew with a transport vehicle arriving on scene in 2021 and 2018? 8. In 2018, 2019, 2020, and 2021 for each year what were the numbers of part-time staff and full-time employees that resigned? 9. In 2021, until the date of this submission what were the number of calls that were referred from Toronto Paramedic Services to Toronto Fire that in the end resulted in a required response from Toronto Paramedics? 10. In 2019, 2020, and 2021 what were the number of Alpha and Courtesy Code 2 priority calls that resulted in a CTAS 1 return by Toronto Paramedics? 11. In 2019, 2020, and 2021 what were the number of Bravo priority calls that resulted in a CTAS 1 return by Toronto Paramedics? 12. How many exit interviews were conducted with resigning or retiring staff vs number that resigned or retired in 2018, 2019, 2020 and 2021? 13. How does the pay of Toronto Paramedic Services compare to that of neighboring services such as Durham? 14. What was the average number of shifts worked by part-time paramedics in a 6-week cycle in 2021? 15. What specifically is Toronto Paramedic Services doing to retain staff and improve morale? 16. How has the growth of Toronto Fire Services compared to the growth of Toronto Paramedic Services in regards to new stations, additional apparatus, and number of crews being staffed? 17. Has the growth of Toronto Paramedic Services kept in pace with the growth of the city's population? 18. What are the benefits and goals of the part-time paramedic program? 19. How many calls were serviced by a neighboring paramedic service within city of Toronto boundaries in 2021 and 2018? 20. Was there an increase in paramedic calls relating to opioid use in 2021 vs 2018? 21. How many part time paramedics are currently employed with Toronto Paramedic Services? 22. How many full-time paramedics are currently employed with Toronto Paramedic Services? 23. How do those numbers compare to pre-pandemic years (2018/2019)? 24. Has the number of paramedics on WSIB/LTD increased in this time span as well? 25. At the time of this request, how many paramedics are deemed fit to work, not including community paramedics, paramedics in the staff support centre or in roles where they will not be responding to 911 calls? 26. What is the estimated timeline for when the staffing gaps in Toronto Paramedic Services and all other divisions will be fulfilled, the proportionate costs to implement, and an explanation of why it was not achieved sooner and/or whether it can be achieved in 2022?
City Council on February 2 and 3, 2022, received Administrative Inquiry IA39.1 from Councillor Kristyn Wong-Tam, Ward 13, Toronto Centre, regarding the Toronto Paramedic Services and Answer IA39.1a from the City Manager for information.
MM39.1adopted
An application has been submitted to the Alcohol and Gaming Commission of Ontario for a liquor licence at the premises at 847 Jane Street, Pizza Pizza Restaurant No.40 ("Premises"). The application is for an indoor area only. This Motion requests that City Council advise the Alcohol and Gaming Commission of Ontario that this application for a liquor licence is not in the public interest.
City Council on February 2 and 3, 2022, adopted the following: 1. City Council direct the City Clerk to advise the Registrar of the Alcohol and Gaming Commission of Ontario that the issuance of a liquor licence for 847 Jane Street operating under the name Pizza Pizza Restaurant is not in the public interest, and that the Registrar should issue a Proposal to Refuse the liquor licence application. 2. City Council request the Licensing Appeal Tribunal to provide the City of Toronto with an opportunity to participate in any proceedings with respect to the Premises. 3. City Council authorize the City Solicitor to attend all proceedings before the Licence Appeal Tribunal in this matter and City Council direct the City Solicitor to take all necessary actions so as to give effect to this Motion, including determining whether the application ought to be refused outright or whether the application can be supported with conditions to the liquor licence, all in consultation with the Ward Councillor.
Staff recommendation as filed
Councillor Frances Nunziata, seconded by Councillor Paula Fletcher, recommends that: 1. City Council direct the City Clerk to advise the Registrar of the Alcohol and Gaming Commission of Ontario that the issuance of a liquor licence for 847 Jane Street operating under the name Pizza Pizza Restaurant is not in the public interest, and that the Registrar should issue a Proposal to Refuse the liquor licence application. 2. City Council request the Licensing Appeal Tribunal to provide the City of Toronto with an opportunity to participate in any proceedings with respect to the Premises. 3. City Council authorize the City Solicitor to attend all proceedings before the Licence Appeal Tribunal in this matter and City Council direct the City Solicitor to take all necessary actions so as to give effect to this Motion, including determining whether the application ought to be refused outright or whether the application can be supported with conditions to the liquor licence, all in consultation with the Ward Councillor.
RM39.1adopted
- O Canada - Moment of Silence
CALL TO ORDER: 9:33 a.m. Speaker Nunziata took the Chair and called the Members to order. The meeting opened with O Canada. February 2, 2022 Members of Council observed a moment of silence and remembered: The discovery of burial sites at St. Joseph's Mission Residential School Archbishop Emeritus Desmond Tutu Fred Arsenault Sheila Cary-Meagher Samuel Cass Salvatore Cerullo Lili Dicker-Palmer Jack Dominico Michael Goldrick Marvin Gord Ian Greenberg Jon Harstone James Douglas (Jim) Hunter Joan King Katalin Klein Concetto Merlino Anica Mihevc Eberhard "Eb" Zeidler Speaker Nunziata acknowledged that City Council was meeting on the traditional territory of many nations including the Mississaugas of the Credit, the Anishnabeg, the Chippewa, the Haudenosaunee and the Wendat peoples and is now home to many diverse First Nations, Inuit and Métis peoples. Speaker Nunziata also acknowledged that Toronto is covered by Treaty 13 signed with the Mississaugas of the Credit. Speaker Nunziata advised Council of the following: For the benefit of those who are connected to the internet, the City Clerk has posted all of the agenda materials for today's meeting at toronto.ca/council. Members, although Civic Buildings, including City Hall are currently closed to the public, I want to emphasize that today's Council meeting is being conducted publicly and is being streamed live on YouTube. I want to welcome the public who are watching our meeting this morning. February 3, 2022 Members of Council observed a moment of silence and remembered: Bessie Stallworthy
CC39.2amended
G. Gagliano Properties Ltd./Benton Property Corp. has an appeal to Official Plan Amendment 231 ("OPA 231") at the Ontario Land Tribunal ("OLT") regarding their property municipally known as 1235-1255 Lawrence Avenue West and 3-23 Benton Road (the "Lands"). City Council adopted OPA 231 in 2013 following the Five-Year Official Plan and Municipal Comprehensive Reviews regarding employment lands. OPA 231 re-designates part of the Lands as General Employment Areas and the remainder as Core Employment Areas. The 2014 appeal sought the Mixed Use Areas designation on all or part of the Lands. The City Solicitor requires further directions.
City Council on February 2 and 3, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor. 2. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (January 31, 2022) from the City Solicitor. 3. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor. 4. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (January 31, 2022) from the City Solicitor. 5. City Council direct that the balance of Confidential Attachment 1 and Confidential Attachment 2 to the report (January 25, 2022) from the City Solicitor remain confidential as they pertain to litigation or potential litigation that affects the City or one of its agencies or corporations and they contain advice or communications that are subject to solicitor-client privilege. 6. City Council direct that the balance of Confidential Attachment 1 to the supplementary report (January 31, 2022) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor and the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (January 31, 2022) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council refuse the December 9, 2021 without prejudice settlement offer from G. Gagliano Properties Ltd./Benton Property Corp. to settle site specific Appeal No. 92 (regarding 1235-1255 Lawrence Avenue West and 3-23 Benton Road) to Official Plan Amendment 231 as set out in Confidential Attachment 2 to the report (January 25, 2022) from the City Solicitor. 2. City Council authorize the City Solicitor and necessary staff to enter into further settlement discussions with the Appellant to consider an introduction of some residential uses on the north part of the Lands as part of the settlement of the appeal, provided that a comprehensive land use approach, including public engagement, can be applied to the south east quadrant of Lawrence Avenue West and Keele Street (approximately 10 hectares) to ensure that employment GFA can be secured on the Lands along with other necessary complete community components. 3. In order to implement the direction set out in Part 2 above, City Council direct City staff, upon receipt of a complete Zoning Amendment application from the Appellant to expedite review of the application and bring forward a report at the earliest opportunity. 4. City Council authorize the City Solicitor to take all necessary steps to bring resolution to the matter in accordance with Part 2 above, in consultation with the Chief Planner and Executive Director City Planning. The balance of Confidential Attachment 1 and Confidential Attachment 2 to the report (January 25, 2022) from the City Solicitor remain confidential in accordance with the provisions of the City of Toronto Act, 2006, as they pertain to litigation or potential litigation that affects the City or one of its agencies or corporations and they contain advice or communications that are subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the supplementary report (January 31, 2022) from the City Solicitor remains confidential at this time in accordance with the provisions with the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the supplementary report (January 31, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1. 2. If the confidential instructions in Confidential Attachment 1 are adopted, City Council authorize the public release of the recommendations contained in the Confidential Attachment 1, with the remainder of Confidential Attachment 1 and Confidential Attachment 2 to remain confidential.
DM39.2amended
Arts and culture make up the fabric of every major city, and it is integral to tourism, hospitality and the well being of life in our downtown. The arts have been a critical piece to the collective well-being of residents, and it will be essential in the recovery of the downtown and the City of Toronto. Over the past two years, we have seen many businesses shutter permanently, and have seen many arts organizations lose their venues and spaces to operate and rehearse. Most recent examples are Rehearsal Factory, a substantial building dedicated to rehearsal for live music; Sterling Lofts, an intimate artistic hub, and now several artisans from the Distillery District. Not only is the loss of these arts organizations a detriment to arts and culture in Toronto, but further perpetuates empty storefronts and lost businesses to our streets. If the City of Toronto is serious in its recovery, we cannot afford to forget about an investment in arts and culture, especially for the two-spirited, lesbian, gay, bisexual, trans, and queer (2SLGBTQ) and Black, Indigenous, and People of Color (BIPOC) communities. If we wish to remain a hub for the creative industry, we have to find creative and supportive solutions to sustain the future of arts and culture or we risk losing our innovators, creators, storytellers and performers forever. It cannot wait.
City Council on February 2 and 3, 2022, adopted the following: 1. City Council direct the General Manager, Economic Development and Culture, in consultation with the Toronto Arts Council, to consider the feasibility of a grant which supports the promotion and preservation of independent live performance venues and art spaces in Toronto and to report back through the 2022 budget process or as soon as possible, including but not limited to: a. a new grant stream pilot, to be administered by Economic Development and Culture; b. add-on to existing grant structures to direct operational funding toward obtaining, or maintaining a venue; c. supporting scalable options for a variety of venue sizes, operational costs, and the creation of opportunities in all parts of the City; and d. estimated additional funding required to implement the recommended program. 2. City Council direct the General Manager, Economic Development and Culture, in consultation with Strategic Communications, to provide recommendations on outreach and educational campaigns promoting existing programs at the federal, provincial and municipal programs to support cultural recovery and access to creative space. 3. City Council direct the General Manager, Economic Development and Culture to report on recommendations for granting reform for all municipal cultural granting programs to better advance Equity-deserving groups, mitigate funding cuts or precarious funding arrangements, ensure fair geographic and per capita distribution, advance local access opportunities, and new organizations by July 2022. 4. City Council direct the General Manager, Economic Development and Culture to develop comprehensive plans and policy recommendations that will sustain the arts and culture sector, including the possibility of working with for-profit organizations, structured partnerships, Business Improvements Areas, and CreateTO to develop smart, long-term policies for operations of City-owned cultural spaces, and to report back to City Council by July 2022. 5. City Council direct the City Manager, in consultation with the Chief Financial Officer and Treasurer, to recommend a cost estimate for interim financial supports for arts and culture spaces through the 2023 budget process, and to consider a segregated fund to assist with the replacement of existing cultural space for artists and venue operators lost through the impacts of the COVID-19 pandemic and consistent with Part 18 of the Building Back Stronger Report adopted by City Council on December 7, 2020. 6. City Council direct the General Manager, Economic Development and Culture, in consultation with the City Solicitor, the Executive Director, Corporate Real Estate Management, to determine recommendations for alternative location for the displaced arts organizations and vendors in the Distillery, including a review of the City's portfolio of available spaces in the Distillery District and across the City and opportunities to fill vacant storefronts and report to City Council on outcomes in 2022. 7. City Council direct the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Economic Development and Culture, to prioritize efforts to secure new affordable and permanent space for arts and culture uses through new development applications in the Distillery District and the local community. 8. City Council direct the General Manager, Economic Development and Culture, in consultation with the Executive Director, Corporate Real Estate Management and the local Business Improvement Area, to explore the feasibility of providing pop-up storefronts and other accessible spaces from across the City for both non-profit and for-profit arts businesses and to report back to City Council in the first quarter of 2022.
Staff recommendation as filed
Councillor Kristyn Wong-Tam, seconded by Councillor Joe Cressy, recommends that: 1. City Council direct the General Manager, Economic Development and Culture, in consultation with the Toronto Arts Council, to consider the feasibility of a grant which supports the promotion and preservation of independent live performance venues and art spaces in Toronto and to report back through the 2022 budget process, including but not limited to: a. a new grant stream pilot, to be administered by Toronto Arts Council; b. add-on to existing grant structures to direct operational funding toward obtaining, or maintaining a venue; c. scalable options for a variety of venue sizes, operational costs, and d. estimated additional funding required to implement the recommended program. 2. City Council direct the General Manager, Economic Development and Culture, in consultation with Strategic Communications, to provide recommendations on outreach and educational campaigns promoting existing programs at the federal, provincial and municipal programs to support cultural recovery. 3. City Council direct the General Manager, Economic Development and Culture to report on recommendations for granting reform for all municipal cultural granting programs to better advance Equity-deserving groups and new organizations by July 2022. 4. City Council direct the General Manager, Economic Development and Culture to develop comprehensive plans and policy recommendations that will sustain the arts and culture sector, including the possibility of working with for-profit organizations, structured partnerships, Business Improvements Areas, and CreateTO to develop smart, long-term policies for operations of City-owned cultural spaces, and to report back to City Council by July 2022. 5. City Council direct the City Manager, in consultation with the Chief Financial Officer and Treasurer, to recommend a cost estimate for interim financial supports for arts and culture spaces through the 2022 budget process, and to consider a segregated fund to assist with the replacement of existing cultural space for artists and venue operators lost through the impacts of the COVID-19 pandemic and consistent with Part 18 of the Building Back Stronger Report adopted by Council December 7, 2020. 6. City Council direct the General Manager, Economic Development and Culture, in consultation with the City Solicitor, the Executive Director, Corporate Real Estate Management, to determine recommendations for alternative location for the displaced arts organizations and vendors in the Distillery, including a review of the City's portfolio of available spaces in the Distillery District and the local community and opportunities to fill vacant storefronts and report to City Council on outcomes in 2022. 7. City Council direct the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Economic Development and Culture, to prioritize efforts to secure new affordable and permanent space for arts and culture uses through new development applications in the Distillery District and the local community. 8. City Council direct the General Manager, Economic Development and Culture, in consultation with the Executive Director, Corporate Real Estate Management and the local Business Improvement Area, to explore the feasibility of providing pop-up storefronts and other accessible spaces from across the City for both non-profit and for-profit arts businesses and to report back to City Council in the first quarter of 2022.
MM39.2adopted
This Motion seeks Council approval of an interim amendment to the Toronto Atmospheric Fund's Statement of Investment Objectives and Principles. Toronto Atmospheric Fund funds its climate action mandate through proceeds from the investment of its endowment and with external funding such as grants from charitable foundations or governments. Toronto Atmospheric Fund's endowment is made up of the City's initial $23 million in funding, $17 million from the Province of Ontario and $40 million from the federal government and now totals approximately $100 million. The Statement of Investment Objectives and Principles guides the investment of Toronto Atmospheric Fund funds to ensure prudent and efficient investment management, capital preservation and financial well-being. The City and Toronto Atmospheric Fund are currently considering updates to the Statement of Investment Objectives and Principles, the City-Toronto Atmospheric Fund Relationship Framework and the Toronto Atmospheric Fund By-law to reflect the growth of Toronto Atmospheric Fund's endowment and the evolution of its capacity and activities. Amendments to these governance documents must be approved by City Council following recommendation from the Toronto Atmospheric Fund Board. At its July 9, 2021 meeting, the Toronto Atmospheric Fund Board adopted amendments to the Statement of Investment Objectives and Principles and requested Council's approval via the Chief Financial Officer and Treasurer (TA13.4). The Chief Financial Officer and Treasurer is expected to report to Executive Committee and Council in 2022 on the amended Statement of Investment Objectives and Principles. This Motion asks City Council to approve interim amendments to specific sections of the current Statement of Investment Objectives and Principles that were adopted by the Toronto Atmospheric Fund Board in July, which the Toronto Atmospheric Fund feels are time-sensitive and cannot wait until the full Statement of Investment Objectives and Principles is reviewed and brought to City Council. The requested Statement of Investment Objectives and Principles change would introduce an "alternative investments" class of assets into Toronto Atmospheric Fund's asset mix to replace and expand the current "private (pooled) equities" asset class, with a corresponding asset mix range and constraints. I am presenting this as an urgent matter via a Members Motion at the request of the Toronto Atmospheric Fund Board and its Investment Committee to address anticipated risks associated with in the equity market and inflationary impact and a lack of options to protect Toronto Atmospheric Fund fund during this uncertain time. The Chief Financial Officer and Treasurer has been consulted on this Motion. Under the Toronto Atmospheric Fund Act, the Chief Financial Officer and Treasurer's role is one of oversight of financial processes, while the Toronto Atmospheric Fund Board is responsible for making decisions regarding the management of the Toronto Atmospheric Fund and its investments, and is accountable for those decisions. Given that that the Toronto Atmospheric Fund is asking City Council to approve Statement of Investment Objectives and Principles amendments without the benefit of the Chief Financial Officer and Treasurer's report and recommendation, the Toronto Atmospheric Fund is willing to provide the Chief Financial Officer and Treasurer with appropriate written assurances that the Toronto Atmospheric Fund investment activities undertaken pursuant to this Motion will not introduce any new risk for the City until such time at the Chief Financial Officer and Treasurer reports to City Council on the Statement of Investment Objectives and Principles and related amendments to the Toronto Atmospheric Fund Relationship Framework and Bylaw are also brought to City Council.
City Council on February 2 and 3, 2022, adopted the following: 1. City Council approve the following amendments to the Toronto Atmospheric Fund's current Statement of Investment Objectives and Principles, as adopted by the Board of Directors of the Toronto Atmospheric Fund at its meeting of July 9, 2021: a. in Section 5.2, replace the term "Private Pooled Equity" in the desired asset mix with the term "Alternative Investments" and assign an allocation range of 0 percent to 15 percent with a portfolio target of 10 percent; b. in Section 6.5, change the title from "Private Pooled Equity" to "Alternative Investments" and replace the current content with the following text: Alternative investments are financial assets that do not fall into conventional investment categories such as stocks, bonds, and cash. Alternative investment assets, due to their complex nature, tend to be held by more sophisticated investors such as institutional investors or other accredited investors. Alternative investments are usually less liquid and may involve strategies such as the use of margin, leverage, derivatives, and other techniques, can be used to improve the risk-adjusted performance of the overall portfolio. Examples of these kinds of investments are private (pooled) equity or venture capital funds, hedge funds, managed futures, and commodities. Real estate is also often classified as an alternative investment. Toronto Atmospheric Fund will continue to invest in third party managed private market investment funds which help in addressing climate change and air quality issues and avoid exposure to companies whose share value and/or viability may be at risk from climate change. These Alternative investments are intended to provide diversification benefits for the overall portfolio along with solutions to manage certain risks (for example, interest rate risk, inflation risk).; and  c. insert a new Section 7 entitled "Constraints and Prohibitions" that includes the following text: 7.1. Toronto Atmospheric Fund may invest in Financial Derivatives only under certain conditions, and for risk management purposes, namely:  a. Derivatives may not be used to create a net leveraged position for the portfolios, introduce uncovered positions, or to create exposures to investments that would otherwise be prohibited by this Policy.   b. The portfolios may directly or indirectly (for example through pooled funds) utilize derivatives only to: i. create an Asset Mix position within the ranges and among the asset classes set out in this Policy; ii. adjust the duration of the fixed income portfolio; iii. replicate the investment performance of a recognized capital market index; iv. increate the portfolio current revenue by selling covered calls; v. manage the currency exposure of a portfolio, or vi. reduce risk as part of a hedging strategy. c. When investing in pooled funds, the pooled fund offering documents/investment policy will apply and the Investment Manager for any pooled fund must provide notification to Toronto Atmospheric Fund regarding any revisions to the fund's policies. 7.2 Prohibited Investments a. Toronto Atmospheric Fund may not invest in companies for the purpose of managing them unless approved by Council. b. Toronto Atmospheric Fund will not actively purchase securities on margin or making short sales. c. Toronto Atmospheric Fund will not invest in funds and make investments that are inconsistent with Toronto Atmospheric Fund's mandate.
Staff recommendation as filed
Councillor Mike Layton, seconded by Councillor Shelley Carroll, recommends that: 1. City Council approve the following amendments to the Toronto Atmospheric Fund's current Statement of Investment Objectives and Principles, as adopted by the Board of Directors of the Toronto Atmospheric Fund at its meeting of July 9, 2021: a. in Section 5.2, replace the term "Private Pooled Equity" in the desired asset mix with the term "Alternative Investments" and assign an allocation range of 0 percent to 15 percent with a portfolio target of 10 percent; b. in Section 6.5, change the title from "Private Pooled Equity" to "Alternative Investments" and replace the current content with the following text: Alternative investments are financial assets that do not fall into conventional investment categories such as stocks, bonds, and cash. Alternative investment assets, due to their complex nature, tend to be held by more sophisticated investors such as institutional investors or other accredited investors. Alternative investments are usually less liquid and may involve strategies such as the use of margin, leverage, derivatives, and other techniques, can be used to improve the risk-adjusted performance of the overall portfolio. Examples of these kinds of investments are private (pooled) equity or venture capital funds, hedge funds, managed futures, and commodities. Real estate is also often classified as an alternative investment. Toronto Atmospheric Fund will continue to invest in third party managed private market investment funds which help in addressing climate change and air quality issues and avoid exposure to companies whose share value and/or viability may be at risk from climate change. These Alternative investments are intended to provide diversification benefits for the overall portfolio along with solutions to manage certain risks (i.e. interest rate risk, inflation risk).; and  c. insert a new Section 7 entitled "Constraints and Prohibitions" that includes the following text: 7.1 Toronto Atmospheric Fund may invest in Financial Derivatives only under certain conditions, and for risk management purposes, namely:  a. Derivatives may not be used to create a net leveraged position for the portfolios, introduce uncovered positions, or to create exposures to investments that would otherwise be prohibited by this Policy.   b. The portfolios may directly or indirectly (e.g. through pooled funds) utilize derivatives only to: i. Create an Asset Mix position within the ranges and among the asset classes set out in this Policy; ii. Adjust the duration of the fixed income portfolio; iii. Replicate the investment performance of a recognized capital market index; iv. Increate the portfolio current revenue by selling covered calls; v. Manage the currency exposure of a portfolio, or vi. Reduce risk as part of a hedging strategy. c. When investing in pooled funds, the pooled fund offering documents / investment policy will apply and the Investment Manager for any pooled fund must provide notification to Toronto Atmospheric Fund regarding any revisions to the fund's policies. 7.2 Prohibited Investments a. Toronto Atmospheric Fund may not invest in companies for the purpose of managing them unless approved by Council. b. Toronto Atmospheric Fund will not actively purchase securities on margin or making short sales. c. Toronto Atmospheric Fund will not invest in funds and make investments that are inconsistent with Toronto Atmospheric Fund's mandate.
RM39.2adopted
City Council will confirm the Minutes from the regular meeting held on December 15, 16 and 17, 2021.
City Council confirmed the Minutes of Council from the regular meeting on December 15, 16 and 17, 2021.
CC39.3amended
240 Markland Drive - Zoning By-law Amendment Application - Request for Direction
The purpose of this report is to seek further instruction in relation to a development application that was referred to the Ontario Land Tribunal (OLT). At its meetings of June 28-29, 2018 and July 16-18, 2019, City Council considered earlier rezoning submissions for the site, ultimately granting the City Solicitor authority to negotiate revisions to reach a settlement on specified terms. Further changes to the plans were made and a settlement was reached. The Tribunal heard a settlement hearing on September 17, 2019, and issued a decision approving the development on March 26, 2020. The final Order was withheld pending the satisfaction of a number of pre-approval conditions. In mid-2020 a new owner of the site provided City Planning and the City Solicitor with a revised settlement offer and resubmission of the rezoning application proposing a reconfigured built form, an increase in the number of units, but no increase to the proposed density. The offer is the result of extensive discussion with City staff. Further detail regarding revisions to the previous settlement offer is provided below.
City Council on February 2 and 3, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor, as amended by motion 1 by Councillor Stephen Holyday. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor, as amended by motion 1 by Councillor Stephen Holyday. 3. City Council direct that the balance of Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor remain confidential at the discretion of the City Solicitor as it contains advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor, as amended by motion 1 by Councillor Stephen Holyday, were adopted by City Council and are now public as follows: 1. City Council authorize the City Solicitor to attend the Ontario Land Tribunal in support of a revised settlement offer and resubmission of revised materials related to 240 Markland Drive on terms set out in a letter dated January 22, 2022 from Sherman Brown Barristers and Solicitors attached as Public Appendix A to the report (January 25, 2022) from the City Solicitor, and substantially in the form of Architectural Drawings prepared by IBI Group, dated January 17, 2022 attached as Public Appendix B to the report (January 25, 2022) from the City Solicitor. 2. In the event that the Ontario Land Tribunal allows the appeals in whole or in part, City Council direct the City Solicitor to request the Ontario Land Tribunal to withhold the issuance of any Order on the Zoning By-law Amendment appeal until such time as: a. the owner enters into an Agreement pursuant to Section 37 of the Planning Act, satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, such Agreement to be registered on title to the lands at 240 Markland Drive, in a manner satisfactory to the City Solicitor to secure the following community benefits at the owners expense: i. a cash contribution of $185,000 to be paid to the City prior to the issuance of the first above-grade building permits, to be used towards local park improvements; ii. the above noted cash contribution referred to in Part 2.a.i. above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto for the period from the date of the execution of the Section 37 Agreement to the date of payment; and iii. in the event the cash contribution referred to in Part 2.a.i. above has not been used for the intended purpose within three (3) years of the By-law coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose is identified in the Toronto Official Plan and will benefit the community in the vicinity of the lands; b. the owner enters into an Agreement pursuant to Section 37 to secure as a legal convenience, the following matters to be addressed prior to the issuance of site plan approval, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the appropriate Civic Officials and the Ward Councillor: i. as a condition of site plan approval and prior to the issuance of any permits for this development, the owner shall prepare a Construction Management Plan with the City of Toronto and to the satisfaction of the Director, Community Planning, along with the Chief Engineer and Executive Director, Engineering and Construction Services; ii. prior to final Site Plan Approval, the owner shall provide a Construction Mitigation Strategy which includes a communication strategy for adjacent property owners and the neighbourhood association and an interim parking plan for existing tenants and tradespeople during the construction period, and a Tenant Communication Plan to the satisfaction of the Chief Planner and Executive Director, City Planning and thereafter the owner shall implement such strategies and plans; and iii. prior to final Site Plan Approval, the owner shall provide a Construction Management Plan, in consultation with the Ward Councillor, which addresses construction vehicle routing, temporary parking and communications with neighbouring stakeholders, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the Chief Planner and Executive Director, City Planning and thereafter the owner shall implement such strategies and plans; c. the owner enters into an Agreement pursuant to Section 37 of the Planning Act, satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, such Agreement to be registered on title to the lands at 240 Markland Drive, in a manner satisfactory to the City Solicitor to secure the following matters, facilities, amenities and building improvements for the existing residential rental units, with no pass-through of costs to the existing tenants all at the owners expense to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor: i. the owner shall provide and maintain the 113 existing residential rental units at 240 Markland Drive as rental housing for a period of at least 20 years, from the date of the Zoning By-Law coming into full force and effect and with no applications for demolition or conversion from residential rental use made during such 20 year period, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; ii. the owner shall provide a dog run for the use of residents of the site as well as the surrounding community, to be located adjacent to the entrance of the existing building fronting Markland Drive, and this space shall be designed and furnished to the satisfaction of the Chief Planner and Executive Director, City Planning, up to a maximum cost of $30,000; iii. improvements to the outdoor amenity space for use by the residents of the existing building and the new buildings on an equal basis in the form of: a. a children's play area, which shall be designed and furnished to the satisfaction of the Chief Planner and Executive Director, City Planning, up to a maximum cost of $40,000; b. at least 15 benches up to a maximum cost of $22,000; and c. at least 85 bicycle parking spaces/racks for tenants of the existing building, of which 77 will be long-term bicycle parking spaces located beneath the underpass of the existing building and 8 will be short-term bicycle parking spaces located close to the main entrance of the existing building; and iv. improvements to the existing laundry room facilities in the form of two new dryers; d. the final form and content of the draft Zoning By-laws are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning; e. the City Solicitor confirms the execution and registration of a Section 37 Agreement satisfactory to the Chief Planner and Executive Director, City Planning to secure community benefits pursuant to Section 37 of the Planning Act; such Section 37 Agreement will include a further agreement to provide for the shared access of and maintenance and easements with respect to the shared driveway, underground parking/bike parking, walkway, loading areas, servicing areas or any other commonly accessed areas as illustrated on any approved drawing between the new development and the existing 10-storey rental apartment building to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; f. the owner shall address all outstanding issues raised by Engineering and Construction Services as they relate to the Zoning By-law Amendment application as set out in their memo dated August 10, 2021 or as may be updated in response to further submission(s) filed by the owner, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; g. the owner has submitted a Revised Transportation Impact Study and Parking Study, to the satisfaction of the General Manager, Transportation Services to demonstrate whether the existing road network can support the proposed development, whether road improvements of the existing municipal infrastructure are required and the provision of acceptable parking for the development; and h. any improvements required to City services or facilities required to support the development as identified in revised engineering submissions from the owner or the Revised Transportation Impact Study and Parking Study shall be secured in a financially secured agreement, with the owner to construct such improvements at no cost to the City. 3. City Council authorize the City Solicitor and other City staff to take any necessary steps to implement City Council's decision. The balance of Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege. The balance of the Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the Confidential Recommendations contained in Confidential Attachment 1. 2. City Council authorize the public release of the Confidential Recommendations in Confidential Attachment 1 if adopted by City Council, with the balance of the Confidential Attachment 1 to remain confidential at the discretion of the City Solicitor as it contains advice which is subject to solicitor-client privilege.
DM39.3referred
City Council adopted Item EX27.11 Summary of COVID-19 Property Tax Deferral Program at its meeting on November 9, 10 and 12, 2021. The COVID-19 Property Tax Deferral Program was adopted by Council to provide financial support to residents and businesses that faced loss of income and revenues due to the provincial shutdown during the first wave of the pandemic. Property owners that applied and were approved for the program were eligible to defer property tax payments for the 2020 taxation year and the City would waive all interest and fees provided that the City received full payment of all taxes due on or before November 30, 2020. Certain eligible properties that were unable to meet this repayment deadline are still facing many of the same financial pressures that they were last year when this program was implemented due to lock downs throughout the first half of 2021 and capacity limits that continue to be in place for some businesses. Most recently, the Province has paused the lifting of capacity limits in higher-risk settings including food and drink establishments with dance facilities such as night clubs and wedding receptions, strip clubs, sex clubs and bathhouses. It is for these residents and businesses that I ask Council to consider extending the payment due date to June 30, 2021 through a by-law amendment to provide the financial relief originally sought in applying for this program. Staff have advised that 46 out of the 50 properties that did not meet the original repayment due date would benefit from extending the due date to June 30, 2021 as they have since paid their 2020 property taxes in full. Amounts waived would be applied as credits to the property tax account. The total amount of fees, interest and penalties that the City would be waiving as a result of this motion are summarized below. Amounts to be waived will be funded from the 2021 Non-Program Tax Deficiency account, with no impact on current or future year budgets. Account Type Number of Accounts Total Penalty, Fees and Interest added as of November 30, 2020 Residential 35 $3,857 Non-Residential 11 $12,456 Grand Total 46 $16,313 City Council on December 15, 16 and 17, 2021 re-opened Item EX27.11 only as it pertains to the repayment date for eligible properties.
City Council, on February 2 and 3, 2022, referred Item DM39.3 to the Budget Committee to be considered as part of the City's 2022 Budget Process, and requested the Chief Financial Officer and Treasurer to: a. conduct an analysis of the Item; and b. advise on any recommendations to: i. retroactively change the eligibility and/or repayment requirements of the 2020 property tax deferral program; and/or ii. waive the approved property tax deferral program provisions for individual businesses.
Staff recommendation as filed
Councillor Kristyn Wong-Tam, seconded by Councillor Josh Matlow, recommends that: 1. City Council amend the City of Toronto Municipal Code Chapter 767, Taxation, Property Tax, to change the repayment due date for eligible properties approved for the 2020 COVID-19 Property Tax Payment Deferral Program from November 30, 2020 to June 30, 2021 by deleting the following Section 767-7G (2)(a): (a) the taxes on the eligible property are not paid in full on or before November 30, 2020; or and replacing it with the following new Section 767-7G (2)(a): (a) the taxes on the eligible property for the 2020 taxation year are not paid in full on or before June 30, 2021; or 2. City Council authorize the introduction of the necessary Bills in Council to give effect to City Council's decision.
MM39.3adopted
The purpose of this Motion is to authorize the City to accept conveyance of the parkland dedication associated with the Toronto Community Housing Corporation revitalization project at 1555-1575 Queen Street East prior to environmental investigation and remediation of the parkland. The Official Plan and Zoning Amendment, Part Lot Control, and Rental Housing Demolition and Conversion Applications (the "Development Applications") for the proposed development were approved by City Council on July 28, 2020. City Council's decision may be found at this link: http://app.toronto.ca/tmmis/viewAgendaItemHistory.do?item=2020.TE16.5 Pursuant to Section 42 of the Planning Act and in accordance with City Council's approval of the development, Toronto Community Housing Corporation is required to dedicate 675.32 square metres of land located at 2 Phin Avenue for parkland purposes (the "Parkland Dedication"). The Parkland Dedication is adjacent to an existing City owned and operated park called Phin Park. The Parkland Dedication lands were previously owned by the City from 1950 until it was transferred to the Province of Ontario in 1971, and then transferred to Toronto Community Housing Corporation in 2002. In its decision on the Development Applications, City Council adopted Part 28 of Item 2020.TE16.5 directing the Chief Financial Officer and Treasurer, in consultation with the Deputy City Manager, Community and Social Services, to include in the 2021 Capital Plan, submission of funds to cover any costs related to the impact of the conveyance, remediation and landscape improvement costs for the transfer of parkland at 2 Phin Avenue from Toronto Community Housing Corporation. In light of City Council's adoption of Part 28 of Item 2020.TE16.5, it would be more efficient and cost-effective from an operational perspective for the City to conduct its own environmental investigation and any necessary remediation. For this reason, this Motion seeks to exempt the Parkland Dedication from the "Policy for Accepting Potentially Contaminated Lands to be Conveyed to the City under the Planning Act" and will permit the City to accept the conveyance of the Parkland Dedication prior to environmental investigation and any remediation.
City Council on February 2 and 3, 2022, adopted the following: 1. City Council exempt the conveyance of the off-site parkland dedication at 2 Phin Avenue associated with the proposed Toronto Community Housing Corporation revitalization project at 1555-1575 Queen Street East from the applicable provisions of the City policy entitled "Policy for Accepting Potentially Contaminated Lands to be Conveyed to the City under the Planning Act" and City Council authorize the City to accept the conveyance of the parkland dedication prior to environmental investigation and remediation of the parkland. 2. City Council direct the General Manager, Parks, Forestry and Recreation, in consultation with the Executive Director, Corporate Real Estate Management, to conduct environmental investigation and remediation (if necessary) and to make the parkland available to the public only after such investigation and remediation is complete. 3. City Council authorize the City Solicitor to amend the Section 37 Agreement registered on title to 1555-1575 Queen Street East to implement City Council's decision on this matter to the satisfaction of the General Manager, Parks Forestry and Recreation and the City Solicitor.
Staff recommendation as filed
Councillor Paula Fletcher, seconded by Councillor Jennifer McKelvie, recommends that: 1. City Council exempt the conveyance of the off-site parkland dedication at 2 Phin Avenue associated with the proposed Toronto Community Housing Corporation revitalization project at 1555-1575 Queen Street East from the applicable provisions of the City policy entitled "Policy for Accepting Potentially Contaminated Lands to be Conveyed to the City under the Planning Act" and City Council authorize the City to accept the conveyance of the parkland dedication prior to environmental investigation and remediation of the parkland. 2. City Council direct the General Manager, Parks, Forestry and Recreation, in consultation with the Executive Director, Corporate Real Estate Management, to conduct environmental investigation and remediation (if necessary) and to make the parkland available to the public only after such investigation and remediation is complete. 3. City Council authorize the City Solicitor to amend the Section 37 Agreement registered on title to 1555-1575 Queen Street East to implement City Council's decision on this matter to the satisfaction of the General Manager, Parks Forestry and Recreation and the City Solicitor.
RM39.3adopted
Introduction of Committee Reports and New Business from City Officials
Other Deferred Matter: Item DM39.1 Item DM39.2 Item DM39.3 Report of the Executive Committee from Meeting 29 on January 26, 2022 Submitted by Mayor John Tory, Chair Report of the Economic and Community Development Committee from Meeting 27 on January 21, 2022 Submitted by Councillor Michael Thompson, Chair Report of the General Government and Licensing Committee from Meeting 28 on January 14, 2022 Submitted by Councillor Paul Ainslie, Chair Report of the Infrastructure and Environment Committee from Meeting 27 on January 11, 2022 Submitted by Councillor Jennifer McKelvie, Chair Report of the Planning and Housing Committee from Meeting 30 on January 12, 2022 Submitted by Councillor Ana Bailão, Chair Report of the Etobicoke York Community Council from Meeting 29 on January 5, 2022 Submitted by Councillor Mark Grimes, Chair Report of the North York Community Council from Meeting 29 on January 6, 2022 Submitted by Councillor James Pasternak, Chair Report of the Scarborough Community Council from Meeting 29 on January 10, 2022 Submitted by Councillor Jennifer McKelvie, Chair Report of the Toronto and East York Community Council from Meeting 30 on January 6, 2022 Submitted by Councillor Gord Perks, Chair New Business submitted by City Officials
Committee Reports and New Business were presented to City Council for consideration.
CC39.4adopted
At its meeting on September 30, October 1 and 2, 2015, City Council adopted the recommendations in the Final Report (August 28, 2015) from the Director, Community Planning, Scarborough District approving an Official Plan Amendment and Zoning By-law Amendments for a development located at 411 Victoria Park Avenue and 2510 and 2530 Gerrard Street East. As part of this development approval, City Council enacted By-law 985-2015, Official Plan Amendment 324 (OPA 324), a City initiated Official Plan Amendment to add the former road allowance located on the property at 2480 to 2490 Gerrard Street East to Schedule 2, The Designation of Planned But Unbuilt Roads, in the City's Official Plan. OPA 324 was appealed to the former Ontario Municipal Board (OMB) along with the site specific Official Plan Amendment and Zoning By-law Amendment applications. The site specific appeals were approved by the OMB on a settlement, but the OPA 324 appeal is still ongoing, and a five-day hearing has been scheduled at the Ontario Land Tribunal (OLT) commencing on March 14, 2022. On January 18, 2022, the lone appellant, the owner of 2480 to 2490 Gerrard Street East, submitted a with prejudice settlement offer to the City. The City Solicitor seeks direction on this matter no later than the completion of the City Council meeting on February 2, 2022.
City Council on February 2 and 3, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor remain confidential as it contains information that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council accept the Settlement Offer and authorize the City Solicitor and appropriate City Staff to attend at the Ontario Land Tribunal to advise that City Council supports a modified Official Plan Amendment 324 attached as Public Appendix 2 to the report (January 25, 2022) from the City Solicitor. The balance of Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains information that is subject to solicitor-client privilege.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the confidential recommendation in Confidential Attachment 1. 2. If the City Solicitor's confidential recommendation is adopted by City Council, then City Council authorize the public release of the recommendation contained in Confidential Attachment 1 (with the remainder of Confidential Attachment 1 to remain confidential as it contains information that is subject to solicitor-client privilege).
MM39.4adopted
This Motion seeks an exemption to the City of Toronto Municipal Code Chapter 743, Use of Streets and Sidewalks, for the installation of a public art work as part of streetscape improvements in the Ossington Business Improvement Area. An exemption is requested to allow the rebar and helical piles and depth of footings for the artwork proposed within the public right of way to exceed the allotted 1.2 metres. Engineer Stamped plans have been provided to depict the structural components of the art pieces and confirm the rebar and helical piles are necessary for the structural stability of the artwork. The artwork includes two pieces consisting of an arch that was designed by Forest and Field Landscape Architecture and an art panel that was created by Indigenous Artist Philip Cote. The arch will be 4 metres in length, setback 3.4 metres from the curb on Foxley Street. It will be constructed with curved steel with rounded edges and sand-blasted to ensure a smooth finish. It will be painted in yellow (underside) and orange (topside). The art panel which is located behind the arch, and parallel with the building face and is setback 1 metre from the building. It will be constructed of three (3), 10 millimetres thick steel panels to be painted orange on all sides to match the arch with its centre to be hand-painted by the artist. An epoxy clear coat sealant will be applied over the finished artwork. The Ossington Business Improvement Area has been working in partnership with the City, through the Business Improvement Area Office to construct two new public spaces that include public art, landscaping, and seating on the side street flankages including south-west side of Foxley Avenue and on the north-west side of Argyle Street in the Ossington Business Improvement Area. This project implements the Business Improvement Area's vision to create new public spaces that are truly special and offer a sense of and celebration of history and heritage. The Business Improvement Area will create a variety of destinations to promote economic growth and stability, branding, sustainability, and slower vehicular traffic. The Right-of-Way/Construction permit application includes the engineer-stamped drawings that show public art as two pieces - an arch that was designed by Forest and Field Landscape Architecture and an art panel that was created by Indigenous Artist Philip Cote. The arch has been engineered-designed as a structure, including snow loads and live loads considerations. The arch will have deep grade-beam footing composed of the re-enforced concrete which will be further supported by 5 angled helical piles, with a depth of 5.0 metres below the concrete grade-beam to a depth of 6.5 metres. The reinforced concrete grade-beam is 1.2 metres deep and set 0.3 metres below finished grade to allow for a consistent pavement surface for a total depth of about 1.5 metres below grade. This could be raised to 1.2 metres, but the top of the grade-beam would be exposed to create tripping hazards around the anchors, and it is preferred that the area be flush at grade for safety purposes. The footings below reflect the potential forces applied above to maintain its structural integrity. Philip Cote's art panel, called 'the Thunderbird,' is a simple vertical assembly of three sheets of steel on a base plate that is surface mounted into a reinforced curb that is flush with the adjacent sidewalk. The reinforced concrete curb sits about 0.45 metres below grade. The Business Improvement Area will maintain the new public spaces, including the Arch and the Art Panel as part of the improvements.
City Council on February 2 and 3, 2022, adopted the following: 1. City Council approve an exemption to the City of Toronto Municipal Code Chapter 743, Use of Streets and Sidewalks, for the installation of public artwork as part of streetscape improvements in the Ossington Business Improvement Area to allow rebar and helical screw piles present, and depth of footings for the artwork proposed within the public right of way to exceed the allotted 1.2 metres.
Staff recommendation as filed
Councillor Joe Cressy, seconded by Councillor Mike Layton, recommends that: 1. City Council approve an exemption to the City of Toronto Municipal Code Chapter 743, Use of Streets and Sidewalks, for the installation of public artwork as part of streetscape improvements in the Ossington Business Improvement Area to allow rebar and helical screw piles present, and depth of footings for the artwork proposed within the public right of way to exceed the allotted 1.2 metres.
RM39.4received
Members of Council will declare interests under the Municipal Conflict of Interest Act.
Members of Council declared interests under the Municipal Conflict of Interest Act.
CC39.5amended
The Port Lands Official Plan Modification (the "Port Lands OPM" or "OPM") was first endorsed by City Council in December of 2017. Several appellants of the Central Waterfront Secondary Plan ("OPA 257" or "CWSP"), including public agencies, existing industries, and private owners with development aspirations, raised issues with the Port Lands OPM. Given the large number of parties and issues, the hearing of the Port Lands OPM appeals was planned to be phased. The first phase dealt with Land Use and Transportation matters, and was resolved through negotiation and settlement discussions, resulting in Decisions and Orders of the Local Planning Appeal Tribunal in March and May of 2021, commending the City and the parties for their work and approving the OPM in part. The remaining issues to be litigated include matters related to: Urban Design Standards & Heritage; Sustainability and Biodiversity; and Infrastructure (Community and Hard Servicing) & Implementation. A six-week hearing is scheduled for May and June, 2022 to deal with any outstanding issues (the "Port Lands OPM Hearing (Phase 2)"). The purpose of this report is to seek further instructions in respect of the Port Lands OPM Hearing (Phase 2). City Planning has been involved in the preparation of this report.
City Council on February 2 and 3, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (January 31, 2022) from the City Solicitor. 2. City Council authorize the public release of: a. the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (January 31, 2022) from the City Solicitor; b. Confidential Appendix A to the report (January 25, 2022) from the City Solicitor; and c. Confidential Appendix A to the supplementary report (January 31, 2022) from the City Solicitor. 3. City Council direct that Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor and the balance of Confidential Attachment 1 to the supplementary report (January 31, 2022) from the City Solicitor remain confidential at the discretion of the City Solicitor, as they contain information that is subject to solicitor-client and settlement privilege. The confidential instructions to staff in Confidential Attachment 1 to the supplementary report (January 31, 2022) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council endorse the Manulife and Sprackman (Polson Quay) Proposed Modifications, as set out in Confidentia Appendix A to Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor. 2. City Council endorse the 309 Cherry Proposed Modifications, as set out in Confidential Appendix A to Confidential Attachment 1 to the supplementary report (January 31, 2022) from the City Solicitor. 3. City Council authorize the City Solicitor and any other City staff to support the Manulife and Sprackman (Polson Quay) Proposed Modifications and the 309 Cherry Proposed Modifications (together, the "Proposed Modifications") at the Ontario Land Tribunal, Port Lands Official Plan Modification Hearing (Phase 2). 4. City Council authorize the City Solicitor to make such technical and stylistic changes to the Port Lands Official Plan Modification and take such further actions, along with other City staff, as necessary to give effect to City Council's decision. Confidential Appendix A to the report (January 25, 2022) from the City Solicitor and Confidential Appendix A to the supplementary report (January 31, 2022) from the City Solicitor are now public and can be accessed under Background Information (City Council). Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains information that is subject to solicitor-client and settlement privilege. Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor. The balance of Confidential Attachment 1 to the supplementary report (January 31, 2022) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contain information that is subject to solicitor-client and settlement privilege. The balance of Confidential Attachment 1 to the supplementary report (January 31, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the confidential recommendations contained in Confidential Attachment 1. 2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1, and Confidential Appendix A to Confidential Attachment 1, once adopted by City Council. 3. City Council direct that the remainder of Confidential Attachment 1 is to remain confidential at the discretion of the City Solicitor, as it contains information that is subject to solicitor-client and settlement privilege.
MM39.5adopted
This Motion will authorize the City Solicitor, along with appropriate City Staff or outside consultants, as necessary, to support the Committee of Adjustment's decision refusing the minor variance application at 197 Greyabbey Trail, Application A0021/21SC, (the "Application") and attend the Toronto Local Appeal Body in order to oppose the Application. The Application seeks to construct a new three storey detached dwelling. The Application required the Committee of Adjustment's approval of four (4) proposed variances to Zoning By-law 569-2013, and one (1) proposed variance of Zoning By-law 9676. The variances sought relate to the increase of the gross floor area, the increase of the dwelling height, the construction of a third storey, and an increase to the maximum number of platforms permitted at or above the second storey, on the front of the dwelling. Planning staff did not file a report to the Committee of Adjustment with respect to the Application. The Committee of Adjustment refused the Application in its decision issued on December 8, 2021. Subsequently, the owner of 197 Greyabbey Trail appealed the Decision to the Toronto Local Appeal Body. This Motion will direct the City Solicitor to attend the Toronto Local Appeal Body in order to oppose the Appeal. No hearing date has been scheduled yet.
City Council on February 2 and 3, 2022, adopted the following: 1. City Council direct the City Solicitor to attend the Toronto Local Appeal Body, with appropriate City staff in order to oppose minor variance Application A0021/21SC regarding 197 Greyabbey Trail (the "Appeal"), and any other variances and relief that may be requested. 2. City Council authorize the City Solicitor to retain outside consultants as may be necessary in order to oppose the Appeal. 3. City Council authorize the City Solicitor to attempt to negotiate a resolution regarding the Appeal, and City Council authorize the City Solicitor to resolve the matter on behalf of the City, in the City Solicitor's discretion, after consulting with the Ward Councillor and with the Director, Community Planning, Scarborough District.
Staff recommendation as filed
Councillor Jennifer McKelvie, seconded by Councillor Paul Ainslie, recommends that: 1. City Council direct the City Solicitor to attend the Toronto Local Appeal Body, with appropriate City staff in order to oppose minor variance Application A0021/21SC regarding 197 Greyabbey Trail (the "Appeal"), and any other variances and relief that may be requested. 2. City Council authorize the City Solicitor to retain outside consultants as may be necessary in order to oppose the Appeal. 3. City Council authorize the City Solicitor to attempt to negotiate a resolution regarding the Appeal, and City Council authorize the City Solicitor to resolve the matter on behalf of the City, in the City Solicitor's discretion, after consulting with the Ward Councillor and with the Director, Community Planning, Scarborough District.
RM39.5received
Members of Council may file petitions.
No petitions were filed during the Routine Matters portion of the meeting.
CC39.6adopted
On May 8, 2020, Official Plan and Zoning By-law Amendment applications were submitted to permit a 35-storey residential building containing 372 dwelling units. The application included the severance of a 1,217 square metre portion of 15 Oxford Drive and the reconfiguration of the terminus of Locust Street into a new cul-de-sac. On May 17, 2021, the applicant appealed the Official Plan and Zoning By-Law Amendments to the Ontario Land Tribunal (OLT) citing City Council's failure to make a decision on the applications within the time period prescribed under the Planning Act. A Case Management Conference was held on June 23, 2021, and the OLT has scheduled a 10-day hearing commencing on Monday June 13, 2022. The City and the applicant participated in OLT led mediation on November 1 and 4, 2021. As a result of the mediation the City Solicitor requires further instructions in advance of upcoming hearing disclosure dates. The City Solicitor seeks direction on this matter no later than the completion of the City Council meeting which starts on February 2, 2022.
City Council on February 2 and 3, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor. 2. City Council authorize the public release of: a. the confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor; and b. Confidential Appendix 1 to the report (January 25, 2022) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor remain confidential as it contains information that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council accept the Settlement Offer and direct the City Solicitor and staff to attend the Ontario Land Tribunal in support of the Revised Proposed. 2. City Council authorize the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, to secure benefits under Section 37 of the Planning Act as follows: a. a cash contribution of $1,500,000 to be allocated as follows; i. $250,000 towards streetscape improvements in the local area beyond the site; and ii. $1,250,000 towards for capital improvements for new or existing affordable housing in the vicinity of the site to the satisfaction of the Chief Planner, Executive Director, City Planning, in consultation with the local Councillor; b. the amount of the cash contribution in Part 2.a. above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto, or its successor, calculated from the date of execution of the Section 37 Agreement to the date of payment of the funds by the Owner to the City; and c. in the event that the cash contribution in Part 2.a. above has not been used for the intended purpose within three (3) years of the Zoning By-law Amendment coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose is identified in the Toronto Official Plan and will benefit the community in the vicinity of the Site. 3. City Council direct that the following are also recommended to be secured in the Section 37 Agreement as a legal convenience to support the development if approved by the Ontario Land Tribunal: a. the owner shall enter into an agreement to convey lands required for the cul-de-sac to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services and the City Solicitor; b. the owner shall construct and maintain the development in accordance with Tier 1 performance measures of the Toronto Green Standard, as adopted by Toronto City Council at its meeting held on October 26 and 27, 2009 through the adoption of Item 2009.PG32.3 of the Planning and Growth Management Committee, and as updated by Toronto City Council at its meeting held on December 5, 6 and 7, 2017 through the adoption of Item 2017.PG23.9 of the Planning and Growth Management Committee, and as may be further amended by City Council from time to time; and c. the owner shall satisfy the requirements of the Toronto District School Board and the Toronto Catholic District School Board regarding warning clauses and signage with respect to school accommodation issues. 4. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order on the Zoning By-law Amendment until such time as the Ontario Land Tribunal has been advised by the City Solicitor that: a. the final form and content of the Official Plan and Zoning By-law Amendments are satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor; b. the owner has provided a revised Transportation Impact Study including a revised Parking Justification, satisfactory to the General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning; c. the owner has provided accessible parking spaces in accordance with the supply and dimensional requirements in Section 200.15 of City-wide Zoning By-law 569-2013 as amended by By-law 579-2017 to the satisfaction of the General Manager, Transportation Services; d. the owner has provided all regular parking spaces, accessible parking spaces, and a minimum of one (1) Type 'G' loading space for the project in accordance with the dimensional requirements noted in Zoning By-law 569-2013 to the satisfaction of the General Manager, Transportation Services; e. the owner has submitted revised drawings illustrating the conveyance of lands required for the cul-de-sac satisfactory to the General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning; f. the owner has submitted a Functional Servicing Report to determine the storm water runoff, sanitary flow and water supply demand resulting from this development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; g. the owner has made satisfactory arrangements with Engineering and Construction Services and entered into the appropriate agreement with the City of Toronto for the design and construction of the cul-de-sac and any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development, according to the accepted Functional Servicing Report and Traffic Impact Study accepted by the Chief Engineer and Executive Director, Engineering and Construction Services; h. the owner has provided space within the development for installation of maintenance access holes and sampling ports on the private side, as close to the property line as possible, for both the storm and sanitary service connections, in accordance with the Sewers Chapter 681, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; i. the owner has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review as they relate to the Official Plan and Zoning By-law Amendment applications, to the satisfaction of the Supervisor, Tree Protection and Plan Review; j. the owner has submitted a revised Landscape Plan and/or Tree Inventory and Preservation Plan Report and that Tree Preservation matters are resolved to the satisfaction of the General Manager, Parks, Forestry and Recreation; k. the submitted Noise and Vibration Feasibility Study, has been peer reviewed by a third-party Noise and Vibration Consultant retained by the City of Toronto at the owner's expense, to the satisfaction of the Chief Planner and Executive Director, City Planning; l. the submitted revised Rail Safety Assessment, has been peer reviewed by a third-party retained by the City of Toronto at the owner's expense, to the satisfaction of the Chief Planner and Executive Director, City Planning; m. the submitted Rail Safety Assessment has been reviewed to the satisfaction of Metrolinx; n. the owner has provided a revised Pedestrian Level Wind Study, including wind tunnel test, to the satisfaction of the Chief Planner and Executive Director, City Planning; o. the owner has provided information regarding the current number and type of rental units on the land and, if required, has addressed all rental replacement requirements in accordance with the Official Plan and City standards to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; and p. community benefits and other matters in support of the development have been secured in a Section 37 Agreement executed by the owner and registered on title to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor. 5. City Council authorize the City Solicitor and appropriate City staff to take such necessary steps, as required, to implement City Council's decision. Confidential Appendix 1 to the report (January 25, 2022) from the City Solicitor is now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains information that is subject to solicitor-client privilege.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the confidential recommendations in Confidential Attachment 1. 2. If the City Solicitor's confidential recommendations are adopted by Council, then City Council authorize the public release of: a. The recommendations contained in Confidential Attachment 1 (with the remainder of Confidential Attachment 1 to remain confidential as it contains information that is subject to solicitor-client privilege); and b. All of Confidential Appendix 1.
MM39.6adopted
All residents in Toronto should be able to go about their daily lives free from harassment and hate. No one should be targeted because of their national origin, race, culture, language, religion, sex/gender, age, mental or physical disability, or sexual orientation. As Toronto grows, it faces a greater challenge in following up on complaints of hate, investigating hate crimes and making sure that occurrence reports are compiled and forwarded to the Attorney General of Ontario for criminal prosecution. Crimes of hate are growing. There is also growing complexity in the investigative process. According to the Toronto Police Service Annual Hate Crime Statistical Report of that year, Toronto Public Service experienced an unprecedented increase in hate crime reporting in 2020. In 2020, there was an increase of 51 percent from 2019 in the number of hate crimes reported occurrences.
City Council on February 2 and 3, 2022, adopted the following: 1. City Council request the Toronto Police Services Board, to consider as part of its annual budgetary and human resources decision making process, investing additional personnel, technology and other resources into the forces' Hate Crime Unit in order to address the growing occurrences of hate in Toronto.
Staff recommendation as filed
Councillor James Pasternak, seconded by Councillor Cynthia Lai, recommends that: 1. City Council request the Toronto Police Services Board, to consider as part of its annual budgetary and human resources decision making process, investing additional personnel, technology and other resources into the forces' Hate Crime Unit in order to address the growing occurrences of hate in Toronto.
RM39.6received
Presentations, Introductions and Announcements
Various presentations and announcements will be made at the City Council meeting.
Various presentations, introductions and announcements were made to City Council on February 2 and 3, 2022. February 2, 2022 Councillor Thompson, during the morning session of the meeting, advised Members of Council that February is Black History Month which is an opportunity to honour the legacy of Black Canadians, past and present, and to recognize and celebrate the significant contributions Black Canadians continue to make to our country. Councillor Thompson acknowledged that Black History Month has been celebrated by the City of Toronto since 1979. Councillor Thompson, during the morning session of the meeting, acknowledged and thanked the amazing team from Parks, Forestry and Recreation for the outstanding work they did for the Scotia Bank Hockey Day event in January: Howie Dayton, Kerri Zollen, Dexter Slater, Steve Jordan, Peter White, Edward Lewis and Mari Caravaggio. Councillor Fletcher, during the morning session of the meeting, advised Members of Council that during the month of February, staff from Parks, Forestry and Recreation have displayed fantastic posters at the skating rinks across the City to acknowledge Black History Month. Councillor Lai, during the afternoon session of the meeting, wished the Chinese, Korean, Vietnamese and other Asian communities in Toronto a very happy Lunar New Year of the Tiger. Councillor Lai commented that the Tiger is known as the king of all beasts and symbolizes bravery, energy, confidence and strength. Councillor Lai remarked that she hoped the Year of the Tiger would bring an end to the pandemic, that there would be prosperity for a speedy recovery and that there would be good health for all. February 3, 2022 Mayor Tory, during the morning session of the meeting, advised Members of Council that he had met that morning with the City Manager, senior City staff, the Police Chief, Toronto Police Service, senior Police Officers, the Fire Chief and General Manager - Emergency Management, Councillor Cressy and others to get an update from the Police regarding a possible Convoy of Freedom protest in Toronto this weekend. Mayor Tory remarked that Members and residents support the right of all Canadians to a peaceful and respectful protest. Mayor Tory noted that the Toronto Police Service is continuing to gather information about the possible protest and will have an update for residents and businesses on February 4, 2022. Mayor Tory also noted that the Police Chief will provide an update to all Members of Council. Mayor Tory advised that he supports the Toronto Police Service in taking necessary action to prepare for this possible protest and doing everything they can to protect the safety of Toronto residents and businesses as well as minimize any disruptions. Mayor Tory emphasized that any protest in the area of Queens Park absolutely cannot block access to the hospitals around the Legislature, and that people should not be blocked from receiving emergency care or any medical care. Mayor Tory also said that hospital workers must be able to go freely and safely to and from their respective work places.
CC39.7adopted
Madison Group (the "Applicant" or "Owner") has applied for a Zoning By-law Amendment (the "Application") for the property municipally known as 10 - 32 Raglan Avenue (the "Site" or "Subject Site"). On June 12, 2020, the Applicant initially submitted its Application to amend Zoning By-laws 438-86, 1-83, and 569-2013 for the Site in order to permit a 28-storey (100.2 metres including mechanical penthouse) residential building with 14 grade-related townhouse units, and a proposed density (floor space index) of 10.24 times the area of the lot (the "Original Proposal"). The City Planning Division prepared a Preliminary Report for Toronto and East York Community Council's consideration, being Item TE 18.39, identifying a preliminary set of issues regarding the Application. Community Council recommended that City staff schedule a community consultation meeting regarding the Application, and that notice about the meeting be given to landowners and residents within 240 metres of the Site. On March 30, 2021 the Applicant appealed the Application to the Ontario Land Tribunal (the "Tribunal") for non-decision by City Council (the "Appeal"). An OLT hearing for this matter is scheduled for ten days commencing on June 6, 2022. In addition to the City and the Applicant, 538 St. Clair Avenue West Ltd. ("538 St. Clair"), and Merkur Realty (1993) Limited ("Merkur Realty") are parties to the Appeal. The City Solicitor requires further instructions at the upcoming City Council meeting on February 2 and 3, 2022 due to upcoming hearing disclosure deadlines regarding this Appeal.
City Council on February 2 and 3, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor. 2. City Council authorize the public release of: a. the confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor; and b. Confidential Appendices 1 and 2 to the report (January 25, 2022) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor remain confidential as it contains information that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council accept the Without Prejudice Settlement Offer dated January 21, 2022 for the lands municipally known as 10 - 32 Raglan Avenue in Confidential Appendix 1 to the report (January 25, 2022) from the City Solicitor and as generally shown on the Revised Plans dated January 21, 2022 inclusive in Confidential Appendix 2 to the report (January 25, 2022) from the City Solicitor, subject to Part 2 to 5 below. 2. City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal hearing on this matter in support of the Without Prejudice Settlement Offer dated January 21, 2022 for the lands municipally known as 10-32 Raglan Avenue in Confidential Appendix 1 to the report (January 25, 2022) from the City Solicitor and as generally shown on the Revised Plans dated January 21, 2022 inclusive in Confidential Appendix 2 to the report (January 25, 2022) from the City Solicitor. 3. City Council authorize the Chief Planner and Executive Director, City Planning to enter into an Agreement, pursuant to Section 37 of the Planning Act, in order to secure the following, to the satisfaction of the City Solicitor: a. the community benefits to be secured in the Section 37 Agreement are as follows: i. prior to the issuance of the first above-grade building permit, an indexed one-time cash contribution in the amount of four-hundred thousand dollars ($400,000.00), to be paid by the Applicant to the City prior to the issuance of the first above-grade building permit for the Site, and to be allocated for future capital improvements to the community space located at the Site, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; ii. the amount of the cash contribution referred to in Part 3.a.i. above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto, or its successor, calculated from the date of execution of the Section 37 Agreement to the date of payment of the funds by the Applicant to the City; iii. in the event that the cash contribution in Part 3.a.i. above has not been used for the intended purpose within three (3) years of the Zoning By-law Amendment coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose is identified in the Toronto Official Plan and will benefit the community in the vicinity of the Site; iv. the design, construction and conveyance to the City, in an acceptable environmental condition, for nominal consideration and at no cost to the City, a community space of approximately 245.8 square metres, with the location as shown on the Revised Plans and recognizing that small adjustments may be required in the future to ensure adequate exiting requirements for the residential portion of the development, and subject to the following: A. the community space shall be delivered to the City in accordance with the City's Community Space Tenancy Policy and finished to Base Building Conditions, with the terms and specifications to be secured in the Section 37 Agreement and the Community Space Term Sheet, all satisfactory to the Executive Director, Social Development, Finance and Administration, the Executive Director, Corporate Real Estate Management, the Chief Planner and Executive Director, City Planning and the City Solicitor, in consultation with the Ward Councillor; B. the Base Building Conditions for the community space referenced in Part 3.a.iv.A. above shall include a kitchen, single washroom and janitor's closet, provided that the owner, in its sole discretion, working with its architect and engineers, and acknowledging the demand and intended use of the above-noted community space, will determine: 1. the location and design/layout of the kitchen, single washroom and janitor's closet, with the owner retaining sole discretion for material, fixture and appliance selection; and 2. the size and location for the stubbed utility connections, location of base building lighting required for non-residential occupancy under the Ontario Building Code, and the location of all electrical outlets and telecom conduits; C. prior to the issuance of the first above-grade building permit for the Site, the owner shall provide a letter of credit in the amount sufficient to guarantee 120 percent of the estimated cost of the design, construction and conveyance of the community space and the pedestrian surface easement (as described in Part 3.a.v. below), complying with the specifications and requirements of the Section 37 Agreement, to the satisfaction of the Executive Director, Corporate Real Estate Management, the Executive Director, Social Development, Finance and Administration, the Chief Planner and Executive Director, City Planning and the City Solicitor; D. the Community Space Term Sheet, referenced in Part 3.a.iv.A. above and specifications for the community space will include negotiation of the following matters: 1. the City and future tenant(s) will be solely responsible for the costs of any signage on the exterior of or within the community space, with the owner agreeing to provide structural support and electrical conduit(s) to the City for installation of such signage at a later date; 2. the owner will provide a sub-metered connection to the building heating and cooling system, as well as HVAC and venting, required to achieve non-residential occupancy requirements of the Ontario Building Code; 3. an acoustic ceiling to be installed by the City and/or any future tenant as per the specifications of the owner; 4. the owner and the City agree that concrete floors will be non-finished concrete within ¼-inch flatness over ten (10) feet; 5. all ancillary uses for the community space, such as garbage and bicycle storage, will be addressed within the footprint of the community space; 6. the owner agrees to provide a second door to the rear laneway; 7. the owner, in its sole discretion, shall determine the finish level of the above-noted community space, which shall include landscaping pavers adjacent to the public park and landscaping in accordance with site plan approval requirements along Raglan Avenue, with no additional finishes and/or property delineation required adjacent to the public park; and 8. the owner shall provide the City with access to one (1) visitor vehicle parking space on a first-come/first-served basis at all times, with no individual car permitted to park for longer than eighteen (18) hours in any continuous period, and with a requirement for any user of such visitor vehicle parking space to attain a parking permit (if available) and check-in with building security; v. a surface easement of approximately 136.3 square metres, secured as a public pedestrian walkway, as shown on the Revised Plans, to be registered on title of the future condominium for the exclusive use and enjoyment of any tenant and/or users of the community space, to the satisfaction of the Chief Planner and Executive Director, City Planning; vi. an indexed cash payment of one-hundred thousand dollars ($100,000.00), to be paid prior to the first above-grade building permit, to be allocated by the Chief Planner and Executive Director, City Planning for use by the City for local area roadway improvements in the vicinity of the Site, in consultation with the local Ward Councillor; vii. an indexed cash payment of fifty thousand dollars ($50,000.00), to be paid prior to the first above-grade building permit, to be allocated for a bike share station in the vicinity of the Site; and viii. the conveyance of a new public park, approximately 252.4 square metres, for nominal consideration to the City, as shown on the Revised Plans, in a condition satisfactory to the General Manager, Parks, Forestry and Recreation, free and clear of all physical encroachments and obstructions above and below grade and not encumbered by any easements or interests in land above and below grade, in accordance with all City policies in respect of the environmental condition of lands conveyed to the City; and b. the matters to be secured in the Section 37 Agreement as legal conveniences in support of the development are as follows: i. the design, construction, and installation of pedestrian lighting, owned and operated by the owner, for the east-west and north-south laneway surfaces along the Site, which shall be secured through the site plan approval process, to the satisfaction of the Chief Planner and Executive Director, City Planning; ii. the provision of micro-retail space, as shown on the Revised Plans, which shall be secured through the site plan approval process, to the satisfaction of the Chief Planner and Executive Director, City Planning; iii. the owner has submitted the required Rental Housing Demolition application under Chapter 667 of the Toronto Municipal code to demolish the existing residential dwelling units at the Site, and that the owner ensure that the demolition of the existing buildings will be processed pursuant to Chapter 363-6.2 of the Municipal Code; iv. the provision of four (4) live/work units that front onto the east-west public lane to the south of the Site, which shall be secured through the site plan approval process, to the satisfaction of the Chief Planner and Executive Director, City Planning; and v. the provision of a minimum of ten-percent (10%) three (3)-bedroom units. 4. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Final Order on the Zoning By-law Amendment Application until such time as the Ontario Land Tribunal has been advised by the City Solicitor that: a. the final form and content of the proposed Zoning By-law amendments are satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor; b. City Council has authorized the Rental Housing Demolition application for the Site, under Chapter 667 of the Toronto Municipal Code and pursuant to Section 111 of the City of Toronto Act, as applicable, to demolish the existing rental dwelling units at the Site, and should City Council authorize the application, that the owner has entered into a Section 111 Agreement pursuant to Section 111 of the City of Toronto Act, 2006, as may be necessary, and registered such Agreement on title to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning; c. the City has received an executed Section 37 Agreement securing the benefits outlined in Part 3 above in accordance with the Planning Act before it was amended by Bill 108 and Bill 197, and the Section 37 Agreement has been registered on title to the Site; d. the Applicant has submitted a final Pedestrian Wind Study, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; e. the Applicant has submitted a Transportation Demand Management Plan, which shall include, amongst other measures: 1. a letter of intent from a car-share operator that the proposed 6 car-share spaces are to be provided; and 2. the provision of bicycle repair stations; the Transportation Demand Management Plan along with all other measures shall be prepared and delivered to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and f. the Applicant has submitted a full set of architectural plans reflecting the settlement offer for the Site, to the satisfaction of the Chief Planner and Executive Director, City Planning. 5. City Council authorize the City Solicitor to take all necessary steps to implement City Council's decision. Confidential Appendices 1 and 2 to the report (January 25, 2022) from the City Solicitor are now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains information that is subject to solicitor-client privilege.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the confidential recommendations contained in Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor. 2. If the City Solicitor's confidential recommendations are adopted by City Council, then City Council authorize the public release of: a. The recommendations contained in Confidential Attachment 1 (with the remainder of Confidential Attachment 1 to remain confidential as it contains information that is subject to solicitor-client privilege); and b. All of Confidential Appendix 1 and Confidential Appendix 2.
MM39.7adopted
On December 1, 2021, the Committee of Adjustment (the "Committee") refused an application brought by an agent of the owner of 818 Eastern Avenue for a variance to the provisions of the former City of Toronto Zoning By-law 438-86 to permit a dog daycare and boarding use in a zone which does not permit the use (the "Application"). A copy of the Committee's decision is attached. On December 20, 2021, the owner appealed the Committee's decision to refuse the Application to the Toronto Local Appeal Body. In a report from the Director, Community Planning, Toronto and East York District dated November 24, 2021, Community Planning Staff opposed the Application. A copy of the Planning report is attached. Community Planning Staff opined that the requested uses discussed above are not permitted by the former City of Toronto Zoning By-law 438-86. Community Planning Staff further opined that the Application fails to maintain the intent of the Zoning By-law and the Official Plan, is not minor in nature, and is not desirable for the appropriate development or use of the land. This Motion will authorize the City Solicitor, along with appropriate City Staff, to attend the Toronto Local Appeal Body and oppose the appeal. A hearing date has not yet been scheduled, but a hearing date is anticipated to be scheduled shortly.
City Council on February 2 and 3, 2022, adopted the following: 1. City Council direct the City Solicitor and appropriate City Staff to attend the Toronto Local Appeal Body to oppose minor variance Application A0706/21TEY respecting 818 Eastern Avenue, as well as any other variances and relief that may be requested. 2. City Council authorize the City Solicitor to attempt to negotiate a resolution regarding Application A0706/21TEY respecting 818 Eastern Avenue, and City Council authorize the City Solicitor to resolve the matter on behalf of the City, in the City Solicitor's discretion, after consulting with the Ward Councillor and the Director, Community Planning, Toronto and East York District.
Staff recommendation as filed
Councillor Paula Fletcher, seconded by Councillor Ana Bailão, recommends that: 1. City Council direct the City Solicitor and appropriate City Staff to attend the Toronto Local Appeal Body to oppose minor variance Application A0706/21TEY respecting 818 Eastern Avenue, as well as any other variances and relief that may be requested. 2. City Council authorize the City Solicitor to attempt to negotiate a resolution regarding Application A0706/21TEY respecting 818 Eastern Avenue, and City Council authorize the City Solicitor to resolve the matter on behalf of the City, in the City Solicitor's discretion, after consulting with the Ward Councillor and the Director, Community Planning, Toronto and East York District.